SECTION 1.107. Assessment of the Use of Alternative Dispute Resolution

(a) When the alternative dispute resolution coordinator receives a referral or request for the use of alternative dispute resolution, the coordinator will assess whether an alternative dispute resolution process is appropriate for the dispute and, if so, will determine the type of process that is most likely to result in an agreement.

(b) Reasons that the coordinator may determine that the use of an alternative dispute resolution process is not appropriate include:

(1) previous determinations concerning the matter in dispute provide a clearly established precedent for resolving the matter;

(2) the use of an alternative dispute resolution process is an inefficient use of the department's resources compared to other processes that may be used to resolve the dispute;

(3) the dispute involves significant unresolved legal issues that must be resolved before an alternative dispute resolution process is likely to be effective;

(4) the dispute significantly affects organizations or individuals who would not be participants in the process and whose interests would not be adequately represented by participants; and

(5) the use of an alternative dispute resolution process cannot provide a public record of the proceeding, which is important or necessary for the particular type of dispute.

Source Note: The provisions of this §1.107 adopted to be effective November 15, 2012, 37 TexReg 8976